The Pickens sentinel. [volume] (Pickens, S.C.) 1871-1903, 1887-05-26
TIE EINrEK.sTATE COMMISSION.
An important Letter Defining tho Powers
OF tho Commission rs to Certain Gases.

|
OIL tho Commission as to Certain Cases.
The Interstate Commission has made
| public an important letter addressed to
the minnesota Il Northwestern Railroad
| Company, defining the powers of the
commission as to certain cases and ex
plalnlng why 1t Is found impossible to
accede at once to tho urgent appeal of
the road for relief from tho long and
short haul clause of the law.
Tho letter, written by Chairman
Cooley, says it is generally accepted chat
the fourth section was designed to es-
tablish the general law that more must
not be charged for shorter than for n
longer haul and to permit exceptions
III special and peculiar cases only. Before
the passage of the law railroads were the
sole Judges as to what circumstances or
conditions justified such practice and
the law evidently meant to take this dis
crotlonary power out Of the hands of the
railroads and was passed in the belief
that incidental injuries resulting from
Its enforcement would be moro than
offset by advantages in tho interest of
the public good. Tho commission is as
much bound by tho law as are the car
rlers, and has power Of discrimination
only so far as it is its duty to do. The
law contemplatcs that there may be
somo special cases i'll which general good
requires suspension. But such cases are
obviously exceptional ones. Special and
peculiar circumstances and where only
general causes operate tho general law
shall be loft to its general course, how
ever serious may be tho consequence to
particular roads. Tho law makes it clear
that any suspension granted must be
after an investigation, satisfying the
commission Of the peculiar and cxcop.
uora circumstances rendering it ncccs-
sary. Tho jurisdiction of the commits
sion was meant to be closely restricted
and 1T can grant no suspension simply
on the apprehension that enforcement
would prove harmful or upon tho un-
established assertion that it has dono SO.
Congress must necessarily have realized
that some disturbances and injury would
DE caused by the law and Congress alone
can be looked to for tho remedy or
notifications. The claim that the COM
mission has power to suspend tho clause
winch were evil consequences arc found
gives the commission general dispensing
power inconsistent with sound principles
OF government and Of which Congress
gave no hint. If the clause in it's reucr-
al operation proved generally and equal
ly mischievcous on all directions, the
commission, instead OF having greater
power to suspend, would be deprived OF
power for tho reason that there would
Dc no exceptional cases for it to act upon
and therefore mono coming within lis
discretionary authority. But there arc
OF course exceptional cases and it is made
the duty OF the commission to determine
what these are. This must be done by
tho investigation upon which the com
mission has entered. Where uA npplica,
ton for temporary suspension is based OF
such general principles that many others
would have to follow, the commission has
best reasons for declining to grant it.
Tho letter is not designed to give any
intimatiOn as to the permanent course of
the commission, rs 40 policy has been
determined upon. The commission de-
clarcs its regret that any injury is in
1licted by the law and promises to give
such complaints proper consideration.
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